Genetically engineered rice is sold without distinction in the United States and some other countries, but in Japan and in the European Union, it is prohibited.

At the time the suit was filed, and before Whiteaker imposed a gag order, Byrd has called the trial a continuation of the long, painful road Arkansas’ rice farmers have traveled since the Aug. 18, 2006 announcement that tainted rice had entered the state’s rice crop. The so-called Liberty Link rice in question was altered to make it immune to a Bayer herbicide.

On Aug. 18, 2006, the USDA announced that GE rice had been found in the U.S. commercial long- grain rice supply. As a result, the EU and other markets would no longer buy U.S. long-grain rice and the farmers suffered a decrease in the value of their rice.

The loss of such a major market as the EU is significant. In 2005, EU countries purchased more than 200,000 tons of U.S. long-grain rice.